Missouri Nursing Home Fall Lawsuit
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- March 28, 2024
Missouri nursing homes are legally required to provide a safe environment for residents. When nursing home staff or management fail to maintain their facility and prioritize resident safety, they can be held liable for resulting injuries, medical bills, pain, suffering, and more.
Brown & Crouppen is a leading personal injury law firm in Missouri, and our skilled legal team has the knowledge and experience to help your family take legal action. We have secured over $1 billion in life-changing case results for our clients and are committed to providing the top-tier legal representation you deserve.
Call 800-536-4357 or contact us online to learn more about nursing home fall lawsuits in a free consultation. We are here to ensure you know your full legal rights and options.
- Can You Sue a Nursing Home for a Fall?
- Who Is Liable for Falls in Nursing Homes?
- How Common Are Nursing Home Falls?
- Can Nursing Home Abuse or Neglect Cause Falls?
- How Much Is My Nursing Home Fall Lawsuit Worth?
- When Should You File a Nursing Home Fall Lawsuit?
- What Rights Do Nursing Home Residents Have?
- Why Pursue a Nursing Home Fall Lawsuit?
- Brown & Crouppen Can Help With Your Nursing Home Fall Lawsuit
Can You Sue a Nursing Home for a Fall?
You may have grounds to sue a nursing home if negligence caused the fall. In many cases, falls in nursing homes occur because the staff fails to remove hazards or risks to residents’ health and safety. They may also neglect the individual needs of nursing home residents who require assistance when walking, bathing, using the restroom, or other activities of daily living.
Suing a nursing home for a fall is difficult to do on your own. You will have to navigate complex laws and deal with large insurance companies eager to avoid compensating you by blaming you for the fall. Working with an experienced nursing home abuse and neglect lawyer can help you navigate the legal system and fight for the full and fair compensation you deserve.
Why Pursue a Nursing Home Fall Lawsuit?
When a nursing home resident falls, it can result in serious injuries, decreased quality of life, and prolonged pain and suffering. Taking legal action can provide the financial support your loved one needs while promoting change that may prevent future nursing home falls.
After entrusting a nursing home and its staff to care for a loved one, it’s frustrating and heartbreaking when they are injured due to the facility’s carelessness. Your family has a right to demand justice through a nursing home lawsuit.
“When it comes to a nursing home case, it is essential that the entire family be involved . . . to get that case across the finish line. This can be challenging because, a lot of times, they’re embarrassed to call a lawyer about something that happened to their father or their mother in a nursing home.
They feel personally responsible because they think, ‘Oh, I’m the one that put them there. I put them in harm’s way.’ But people can’t think like that. You entrusted your loved one to somebody else’s care and you have the right to expect top-level attention.
For the jury to truly understand what a victim’s damages mean, they need to hear from the family. The family needs to be able to say, ‘This is what my mother was able to do before this neglect and now she’s a shell of herself—and it’s because of the negligence of the people that were hired and paid handsomely to take care of her.’ Family involvement is key.”– Ed Herman, Managing Partner
Who Is Liable for Falls in Nursing Homes?
Are nursing homes liable for falls? While individual staff members may be involved in negligence that led to your loved one’s nursing home fall injury, the facility that employs them may ultimately be liable for damages.
According to the Missouri Department of Health & Senior Services, “falls are not a normal part of aging and are preventable” with the right precautions. Nursing homes must implement fall prevention plans and policies that ensure at-risk patients receive proper care for their conditions. If a nursing home fails to uphold its duty of care to residents, it may be held responsible for ensuing falls.
How Common Are Nursing Home Falls?
Unfortunately, falls are common among older adults. The Centers for Disease Control & Prevention reports that about one in four older adults suffers a fall every year. In fact, falls are the leading cause of injury in adults aged 65 or older. In Missouri alone, 316,215 people over the age of 65 reported falling in 2020.
A recent study also found that adult falls resulting in injuries may be underreported. The data shows that many seniors who suffer falls that decrease mobility and overall health did not seek medical intervention.
Leading Causes of Falls in Nursing Homes
There are health-related risks and environmental conditions that increase the chance of falling. The following conditions and related symptoms are significant contributing factors to falls in nursing homes and hospitals:
- Chronic obstructive pulmonary disease
- Dementia
- Atrial fibrillation
- Urinary incontinence
- Dizziness
- Movement restriction
- Visual impairment
- Cognitive impairment
- Sleep disorders
- Restricted gait or balance
The CDC also identifies the following as leading causes of falls among adults aged 65 and older:
- Sedative medication
- Lower body weakness
- Vitamin D deficiency
- Foot pain
- Poor footwear
- Broken or uneven steps
- Cluttered floors
Can Nursing Home Abuse or Neglect Cause Falls?
Yes, nursing home abuse or neglect can lead to falls and serious injuries for residents. Ways that nursing homes may cause falls through abuse or neglect include:
- Failing to supervise patients properly
- Delayed medical attention
- Unsafe or broken medical or mobility equipment
- Poor lighting
- Lack of training or safety protocols
- Intentional physical assault
- Failing to conduct risk assessments
The law requires nursing homes to conduct full assessments of each resident’s functional capacity upon admission, if there is a change in their health status, and at least every three months to ensure they receive the best care.
Nursing facilities must use assessment results to create a plan of care that maintains or enhances the resident’s quality of life. If the assessment shows that a resident’s mobility has decreased, the care provided needs to change accordingly. When a nursing home does not perform required assessments or adjust the care plan, causing the resident to fall, the facility could be held liable.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
How Much Is My Nursing Home Fall Lawsuit Worth?
The value of your nursing home fall lawsuit will depend on the injuries and losses you sustain as a result of the fall. You may be entitled to economic damages, which account for financial losses, and non-economic damages, which account for the intangible impact of the fall. Together, these compensatory damages may include things like:
- Medical bills
- Future medical care expenses
- Cost of mobility aids, physical therapy, and nursing care
- Loss of income
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
In some cases, you may also receive punitive damages, which are meant to punish the liable party and deter future misconduct.
Working with our skilled attorneys can put you in the best position to maximize your compensation. We have an impressive record of securing high-value case results that have helped victims reclaim their dignity and hold negligent nursing homes accountable:
- $1 million Wrongful Death Settlement – Our client’s mother suffered fatal burns from an altercation at the care facility.
- $500,000 Wrongful Death Settlement – Our client’s mother endured negligent care by facility staff, which caused severe damage due to Stage 4 bedsores. She was placed on life support but ultimately did not survive.
- $200,000 Neglect Settlement – A care facility failed to resolve a bed bug infestation, which resulted in our client suffering significant discomfort and injuries.
When Should You File a Nursing Home Fall Lawsuit?
The Missouri statute of limitations for personal injury claims stemming from nursing home abuse or neglect is five years. This means you normally have five years from the date of injury to initiate a nursing home fall lawsuit.
However, there are some exceptions to this rule. For example, if the nursing home fall resulted in death, the statute of limitation for filing a wrongful death lawsuit is three years in Missouri. Further, a nursing home abuse case involving medical malpractice must be filed within two years from the date of injury.
It is wise to consult with a nursing home abuse lawyer as soon as possible if you believe you may have a case. No matter which deadline governs, it will be strictly enforced. Failure to file before it passes will result in your case being dismissed in court.
What Rights Do Nursing Home Residents Have?
Residents of Missouri nursing homes have numerous legally enforceable rights under the Nursing Home Reform Act, including the right to:
- Freedom from abuse, mistreatment, and neglect
- Freedom from physical restraints
- Privacy
- Accommodations of medical, physical, psychological, and social needs
- Participate in resident and family groups
- Be treated with dignity
- Exercise self-determination
- Communicate freely
- Participate in the review of one’s care plan
- Be fully informed in advance about changes in care, treatment, or status in the facility
- Voice grievances without discrimination or reprisal
If you suspect a loved one is being abused or neglected in a nursing home, our experienced Missouri injury lawyers are ready to help.
Brown & Crouppen Can Help With Your Nursing Home Fall Lawsuit
Although nursing facilities are legally required to keep their residents safe, they often fail to prevent falls. If your loved one was injured in a fall caused by nursing home negligence, our award-winning law firm can help your family file a nursing home fall lawsuit to claim compensation.
With over 40 years of experience providing high-quality legal services to our community, we have what it takes to handle your case from start to finish. Call 800-536-4357 or contact us online to learn more in your free consultation.
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